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Civil Court

General Information

A civil court handles legal disputes that are not crimes. Civil matters include personal injury, breach of contract, divorce, bankruptcy, landlord and tenant cases, copyright infringement and anything else that can arise between two private parties. A civil matter involves a lawsuit in which one party sues another to recover the money, real property or personal property, to enforce a contract or an obligation, to collect damages for injury (tort), or to protect some civil rights.

Assignment of Judges

It is the policy of this court to manage all cases from the time the complaint is filed until a final disposition has been achieved. Upon the filing of the complaint, the case shall be assigned to one judge for all purposes. That means that each time you come to court it will be in front of the same judge unless, for some reason, your case is reassigned.

Legal Advice

Clerks in the civil division are prohibited from giving legal advice. This includes, but is not limited to, assistance in filling out legal forms and advice on legal procedures.

If you need legal advice you should either contact an attorney or one of the resources listed on our legal help page. If you plan to proceed with your case without an attorney, you may use the Solano County Law Library, located on the third floor of the Hall of Justice in Fairfield, for reference material.

Legal Help

Landlord/Tenant Rights in Eviction Cases:

The New Laws Apply to Eviction Cases webpage on the California Courts public website helps explain the rights and responsibilities of tenants and landlords per recent state legislation and the CDC national moratorium. The page also offers a Checklist for Tenants and a Checklist for Landlords.

This Website provides information for tenant landlord resources, info regarding the upcoming state’s rental assistance program and AMI Calculator

Clerk’s Office Expansion of Services

FAQS

Ex parte matters will be heard only upon appointment scheduled through the assigned judge’s assistant. The ex parte application shall comply with California Rule of Court 3.1200-3.1207.

Solano County Superior Court offers you the option of appearing telephonically on certain civil matters pursuant to California Rules of Court, rule 3.670. Fees are charged by the service provider for this option. To make arrangements for telephonic appearances please contact:

CourtCall
Online: app.courtcall.com
Phone: (310) 342-0888 or (888) 882-6878
Fax: (310) 743-1850 or (888) 883-2946

Solano County does not accept FAX filings unless it is through a FAX filing agency.

The court prefers that all forms be typed.

You should provide an original and two copies.

No courtesy copies required.

At least one party demanding a jury on each side of a civil case must pay a non-refundable fee of one hundred fifty dollars ($150), unless the fee has been paid by another party on the same side of the case. (Code Civ. Proc., § 631(b).) ).) If there are multiple plaintiffs and/or defendants in the same case, only one jury fee per side is required to avoid waiver of a jury under Code of Civil Procedure section 631(f).

The nonrefundable jury fee must be paid on or before the date scheduled for the initial case management conference in the action, except as follows: 1. In unlawful detainer actions the fees shall be due at least five days before the date set for trial. 2. If no case management conference is scheduled in a civil action, or the initial case management conference occurred before June 28, 2012 and the initial complaint was filed after July 1, 2011, the fee shall be due no later than 365 calendar days after the filing of the initial complaint. 3. If the initial case management conference was held before June 28, 2012 and the initial complaint in the case was filed before July 1, 2011, the fee shall be due at least 25 calendar days before the date initially set for trial. 4. If the party requesting a jury has not appeared before the initial case management conference, or first appeared more than 365 calendar days after the filing of the initial complaint, the fee shall be due at least 25 calendar days before the date initially set for trial. (Code Civ. Proc., § 631(c).)

Except under the circumstances provided in Code of Civil Procedure section 631(d), (discussed in FAQ 1.4), a party has waived the right to a trial by jury in that action, unless another party on the same side of the case timely paid the nonrefundable jury fee. (Code Civ. Proc., § 631(f)(5).) Note: The court may, in its discretion upon just terms, allow a trial by jury despite the waiver. (Code Civ. Proc., § 631(g).)

If a party failed to timely pay a nonrefundable jury fee that was due between June 27, 2012, and November 30, 2012, inclusive, the party will be relieved of a jury waiver on that basis only, if the party pays the fee on or before December 31, 2012 or 25 calendar days before the date initially set for trial, whichever is earlier. (Code Civ. Proc., § 631(d).)

There is nothing in the recent amendments to Code of Civil Procedure section 631 that directs or authorizes courts to refuse a late payment of the nonrefundable jury fee. Absent this direction or authority, the clerk likely should accept advance jury fees tendered by a party, provide a receipt, and record in the court file the date the fees were received. (See People v. Funches (1998) 67 Cal.App.4th 240, 244 [court clerks “must act in strict conformity with statutes, rules, or orders of the court” defining their duties, and have “no power to decide questions of law nor any discretion in performing” their duties.]) Note: Except as provided in Code of Civil Procedure section 631(d), only a judge has the authority to grant a jury trial following a waiver.

No. Only parties that want to retain the right to a jury must pay the nonrefundable jury fees.

Yes. A court may (but is not required to) waive jury fees and expenses, and other fees or expenses itemized in an application for a fee waiver under rule 3.56(1) and (6) of the California Rules of Court.

No. Government Code section 6103 explicitly states: “This section does not apply to civil jury fees or civil jury deposits.” Although this exception to the fee waiver for government entities predates the creation of the nonrefundable jury fee, the plain language of the exception applies to the nonrefundable jury fee.

No. Code of Civil Procedure 631(b) requires “at least one party demanding a jury on each side” to pay the nonrefundable jury fee, “unless the fee has been paid by another party on the same side of the case.” (Emphasis added.) In addition, Code of Civil Procedure section 631.3, which governs refunds of jury fees states in subdivision (c) that the “fee described in subdivision (b) of Section 631 shall be nonrefundable and is not subject to this section. Therefore, although they are not required to pay the jury fee, if additional parties on a side pay the nonrefundable jury fee, that fee is still nonrefundable. The additional fee may not be used to offset actual juror fees or mileage, either

Yes. Any $150 advance jury fee deposited before June 28, 2012 may be refunded upon request of a party as provided under Code of Civil Procedure section 631.3. Similarly, any jury fees other than the $150 advance jury fees that are deposited, but not used, may be refunded upon request of a party as provided under Code of Civil Procedure section 631.3.

No. All forms are available on line at www.courts.ca.gov or you may ask for the forms individually in the clerk’s office. You should seek legal advice before filing your case to ensure you have the right forms.

The UD Clinic Hot Line is available by calling (707) 207-7330.

A restraining order should not be used for this purpose. The UD Clinic Hot Line is available by calling (707) 207-7330.

The clerks cannot give legal advice. Read the “Notice” on the Summons you were served and seek legal advice without delay. The UD Clinic Hot Line is available by calling (707) 207-7330.

Unlawful Detainer cases are confidential for a period of 60 days.

The clerks cannot advise you. You should speak to an attorney or contact an advisor from the Unlawful Detainer Hotline at (707) 207-7330.

The clerks cannot advise you. You should speak to an attorney or contact an advisor from the Unlawful Detainer Hotline at (707) 207-7330.

The Judge will make orders after hearing all evidence in the case. The clerks cannot advise you. You should speak to an attorney or contact an advisor from the Unlawful Detainer Hotline at (707) 207-7330.

The Solano County Sheriff-Civil Division office hours are Monday through Friday from 8:30 to 4:30 PM. The telephone number is 707-784-7020 The Solano County Recorder’s Office hours are Monday through Friday from 8:00 to 4:00 PM. The telephone number is 707-784-6290. Hours of operation are subject to change; you should call and verify their hours.

Self-Help assistance is available on the Judicial Council Website at www.courts.ca.gov and in the Solano Law Library located on the third floor of the Hall of Justice at 600 Union Avenue, Fairfield, CA 94533.

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